r APHC010309292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE ■ PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15424 OF 2025 Between: 1. Kuna Sarojanamma, W/o. Late Ramulu, Aged about 80 years, Occ: House hold Door No. 1-60, Sri Jaganadhapuram, Village, Yalamanchili ,Post, Kotabommali Mandal, SrikakulamDistrict ,Andhra Pradesh. 2. Kuna Anandarao, S/o.Late Ramulu, Aged about 55 years, Occ: Agriculture Door No. 1-60, Sri Jaganadhapuram, Village Kotabommali Mandal, Srikakulam District ,Andhra Pradesh. Yalamanchili ,Post, ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government. Guntur District. 2. District Collector, Srikakulam District. 3. Revenue Divisional Officer, Tekkali Division, Srikakulam District. 4. The Project Director, District Water Management Agency (DWMA) office, Srikakulam, Srikakulam District. 5. Tahsildar, Kotabomali Mandal, Srikakulam District. 6. The Excutive Engineer, BRR Vamsadhara Project, District. 7. The Assistant Engineer, BRR Vamsadhara Project, Srikakulam District. Land Acquisition Department, Secretariat, Amaravati, Collector Srikakulam town Kotabommali, \ 8. The Mandal Parishad Development Officer, MPDO Office, Kotabommali Mandal, Srikakulam District. ^ ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 2 to 8 in interfering with petitioner's land admeasuring Ac.0.39 cents in Survey No. 151-12(a) 151-12 (c ) situated in Sri Jagannadhapuram village of Kotabommali Mandal, in Srikakulam District, for the purpose of road widening and without following due process of law, as illegal, irregular, irrational, violative of provisions The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents 2 to 8 not to laying road through petitioner's land ad measuring AC.0..39 cents in Survey No. 151-12(a) Jagannadhapuram village of Kotabommali Mandal, in Srikakulam District, for the purpose of road widening without following due process of law.^ 151- 12 (c ) situated in Sri lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 to 8 not to laying road through the petitioners land ad measuring Ac.0.39 cents in Survey No.151-12(a) 151-12 (c ) situated in Sri Jagannadhapuram village of Kotabommali Mandal, in Srikakulam District, for the purpose of road widening without following due process of law, pending disposal of the above writ petition. ^ Counsel for the Petitioners: SRI UMASANKAR LOKANADHAM Counsel for the Respondent No.1 ; GP FOR LAND ACQUISITION ' Counsel for the Respondent Nos.2, 3 & 5 : GP FOR REVENUE Counsel for the Respondent Nos.4, 6 & 7 : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondent No.8 : SRI Y. KOTESWARA RAO, SC FOR GRAM PANCHAYAT The Court made the following order: APHC010309292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15424/2025 Between: 1.KUNA SAROJANAMMA, W/0 LATE RAMULU YEARS, OCC HOUSE HOLD JAGANADHAPURAM, VILLAGE, KOTABOMMALI MANDAL PRADESH. AGED ABOUT 80 DOOR NO. 1-60, SRI YALAMANCHILI ,POST, SRIKAKULAMDISTRICT ,ANDHRA 2.KUNA ANANDARAO, S/OLATE RAMULU, AGED ABOUT 55 YEARS, OCC AGRICULTURE DOOR NO. 1-60, SRI JAGANADHAPURAM, VILLAGE YALAMANCHILI ,POST, KOTABOMMALI MANDAL, SRIKAKULAM DISTRICT ,ANDHRA PRADESH ...PETITIONER{S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT. LAND ACQUISITION DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2.DISTRICT COLLECTOR, SRIKAKULAM DISTRICT. 3.REVENUE DIVISIONAL OFFICER, TEKKALI DIVISION, SRIKAKULAM DISTRICT. 4.THE PROJECT DIRECTOR, DISTRICT WATER 2 MANAGEMENTAGENCY (DWMA) SRIKAKULAM, SRIKAKULAM DISTRICT. 5.TAHSILDAR, KOTABOMALI MANDAL, SRIKAKULAM DISTRICT. 6.THE EXCUTIVE ENGINEER, BRR VAMSADHARA PROJECT SRIKAKULAM TOWN DISTRICT. 7.THE ASSISTANT ENGINEER KOTABOMMALI, SRIKAKULAM DISTRICT. 8.THE MANDAL PARISHAD DEVELOPMENT OFFICER, OFFICE, KOTABOMMALIMANDAL, SRIKAKULAMDISTRICT. COLLECTOR OFFICE, BRR VAMSADHARA PROJECT, MPDO ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toPleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 2 to 8 in interfering with petitioner’s land admeasuring Ac.0.39 cents in Survey No 151-12(a) Kotabommali Mandal, in Srikakulam District, for the purpose of road widening and without following due process of law, as illegal, irregular, irrational, violative of provisions The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents 2 to 8 not to laying road through petitioner's land ad measuring AC.0..39 cents in Survey No. 151-12(a) 151- Jagannadhapuram village of Kotabommali Mandal, in Srikakulam District, for the purpose of road widening without following due process of law and to pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents 2 to 8 not to laying road through the petitioners land ad measuring Ac.0.39 cents in Survey No.151-12(a) 151-12 (c ) situated in Sri Jagannadhapuram village of Kotabommali Mandal, in 151-12 (c ) situated in Sri Jagannadhapuram village of 12 (c ) situated in Sri 3 m Srikakulam District, for the purpose of road widening without following due process of law, pending disposal of the above writ petition and to pass s Counsel for the Petitioner{S): 1.UMASANKAR LOKANADHAM Counsel for the Resp6ndent(S): 1.GP FOR LAND ACQUISITION 2.GP FOR IRRI AND CAD The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15424/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 2 to 8 in interfering with petitioner’s land admeasuring Ac.0.39 cents in Survey No.151-12(a) & 151-12 (c ) situated in Sri Jagannadhapuram village of Kotabommali Mandal, in Srikakulam District, for the purpose of road widening and without following due process of law, as illegal, irregular, Irrational, violative of provisions The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents 2 to 8 not to laying road through petitioner’s land ad measuring Ac.0..39 cents in Survey No.151-12(a) & 151-12(c ) situated in Sri Jagannadhapuram village of Kotabommali Mandal, in Srikakulam District, for the purpose of road widening without following due process of law and to pass ” 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents. Learned counsel for the petitioners submits that the petitioners are the 3. absolute owners and possessors of the land admeasuring to an extent of Ac.0.39 cents in Sy.No.151-12(a) and 151-12(c) situated in 5 Sri Jagannadhapuram Village of Kotabommali Mandal, Srikakulam District. While so, the respondent authorities, without issuing any prior notice or following due process of law, are attempting to interfere with their peaceful possession by undertaking road-laying activities through the said property. Hence, the writ petition. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents has furnished a copy of written instructions vide Letter No 36/DEE/B.R.R Mtc Sub Division/Julumuru, dated 28.06.2025, wherein, the relevant portion is usefully extracted hereunder; “Further, this office has issued permission to construct above road on canal bank of 29 L of Let Main Canal of B.R.R. Vamsadhara Project Canal in Sy No. 151 - 12 B which land is belongs to B.R.R. Vamsadhara Project (Government Lands) only. Now, the adjacent land owner has approached the Hon’ble High Court and filed W.P. No. 15424 of 2025 and alleged as stated above. ” 5. Learned Assistant Government Pleader further submits that the claim of the petitioners is in respect of the land situated in Sy.No.151-12(a) and 151- 12(c). Moreover, it is submitted that the respondent authorities have already been acquired the land and laid the road over the land situated in Sy.No.151- 12(b), which was lawfully acquired by the respondents. It is further submitted 6 that the respondents are not interfering with the peaceful possession and enjoyment of the petitioners’ property. 6. Having regard to the submissions of the learned counsel for the petitioners, the learned Assistant Government Pleader for the Revenue and on perusal of the material available on record, it is observed that the respondents have already laid the road in respect of the land in Sy.No.151- As contended by the learned counsel for the petitioners, the respondents are not interfering with their peaceful possession in respect of the 12(B). land in Sy.No.151-12(a) and 151-12(c). 7. In the result, the Writ Petition is disposed of directing the respondents to follow due process of law, if they intend to dispossess the petitionersfrom the subject property. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR M'" SECTION OFFICER //TRUE COPY// To, .1. The Principal Secretary to Government Land Acquisition Department, State of Andhra Pradesh, Secretariat, Amaravati, Guntur District. 2. The District Collector, Srikakulam District. 3. The Revenue Divisional Officer, Tekkali Division, Srikakulam District. 4. The Project Director, District Water Management Agency (DWMA) Collector office, Srikakulam, Srikakulam District. 5. Tahsildar, Kotabomali Mandal, Srikakulam District. 6. The Excutive Engineer, BRR Vamsadhara Project, District. 7. The Assistant Engineer, BRR Vamsadhara Project Srikakulam District. 8. The Mandal Parishad Development Officer, MPDO Office, Kotabommali Mandal, Srikakulam District. 9. One CC to Sri Umasankar Lokanadham, Advocate [OPUC] 10. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Irrigation and Command Area Development, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 13. Two CD Copies Srikakulam town Kotabommali, Cnr HIGH COURT DATEDi30/06/2025 ORDER WP NO. 15424 OF 2025 if ' I SEP 2025 c;^ Cr? DISPOSING OF THE W.P. WITHOUT COSTS